1. PUBLIC COMMENT:
Howard Hughes,
Randy Pope, and Kay Johnson addressed the Board and requested that the Findings
and Resolution for the revocation of the Pope Special Review Community Hall Use
not be approved by the Board, but instead hold another Show Cause hearing to
give the owners an opportunity to dispute the revocation. Mr. Pope outlined
his disagreement with several of the items listed in the proposed revocation of
the special review, his mistrust of the Special Review process, and his
dissatisfaction with the way this topic has been handled by the Board. Mr.
Pope requested that the Board put aside the personal attacks and take into
account the number of people, and businesses affected by this decision.

Rick Hoffman briefly stated his dissatisfaction
with the actions taken by the Board on the revocation of the Pope Special
Review, and also voiced his objections to vehicle emissions testing, and the
increasing bureaucracy in local government.

2. APPROVAL OF THE
MINUTES FOR THE WEEK OF JANUARY 10, 2011:

M O T I O N

Commissioner Gaiter moved that the Board
of County Commissioners approve the minutes for the week of January 10, 2011.

Motion carried 3-0.

4. REVIEW OF THE SCHEDULE
FOR THE WEEK OF JANUARY 24, 2011:
Ms. Hart reviewed the upcoming
schedule with the Board.

5. CONSENT AGENDA:

Commissioner Gaiter requested that the
Board briefly discuss the Findings and Resolutions regarding the Revocation of
the Pope Special Review Community Hall Use prior to approval of the consent
agenda. Discussion ensued regarding procedures and historical precedent for
re-opening a hearing. Commissioner Gaiter asked if his fellow Commissioners
would support re-opening this item for a hearing based on the testimony given
during public comment.

Commissioner Johnson responded that he
would not support opening the revocation of the Pope Special Review Community
Hall Use to an additional hearing, stating that due process was followed and
that the applicant did show a pattern of non-compliance with the conditions of
approval. Commissioner Johnson further stated that it was not the Board’s
intent to restrict businesses in Larimer County, however, the Board has a responsibility
to uphold the land use code and ensure the rights of the citizens.

Chair Donnelly explained that he would
not be in support of re-opening this item, outlining the many attempts to
facilitate this use since the time of the original application. Chair Donnelly
asserted that the Board is supportive of small business and has demonstrated
this consistently.

M O T I O N

Commissioner Johnson moved that the
Board of County Commissioners approve the consent agenda as outlined below:

PETITIONS FOR ABATEMENT:
As recommended
by the Larimer County Assessor, the following petition for abatement is
approved: McCreery Family LLLP.

01182011R001 FINDINGS
AND RESOLUTION REVOKING THE POPE SPECIAL REVIEW COMMUNITY HALL USE

6. REPLACEMENT OF HEATING,
VENTILATING, AND AIR CONDITIONING (HVAC) EQUIPMENT AT THE DETENTION CENTER:
Mr. Kirk and
Mr. Balderson explained the history of the project, the age and deterioration
of the equipment, and the maintenance done to keep the HVAC equipment operating
up to this point. Mr. Balderson detailed the advantages of replacing the
equipment including an increase in energy efficiency, and reduction in overall
maintenance. Discussion ensued regarding the security concerns, and funding
for this project which would be taken from the Capital Expenditures fund.

M O T I O N

Commissioner Gaiter moved that the Board
of County Commissioners approve $961,863 in funding for the Larimer County
Detention Center HVAC renewal project from the 512 fund.

Motion carried 3-0.

7. WOLF ANNUAL REPORT:
Mr. Helmick
explained that the stipulation, which is part of the original Special Review
for WOLF, requires that the facility report annually to the County to ensure
that all required licenses are current and the number of animals housed at the
facility are within the conditions of the Special Review. Mr. Helmick asserted
that there are no areas of concern with this annual report and all conditions
have been met. Discussion ensued regarding the reporting requirements for this
facility and the history of this special review.

M O T I O N

Commissioner Johnson moved that the
Board of County Commissioners approve the receipt of the WOLF Annual Report.

Motion carried 3-0.

8. JANUARY POLICY
GOVERNANCE REPORT: Under
the adopted Policy Governance procedures, the County Manager is required to
report compliance on a quarterly basis to keep the Board informed of the health
and status of the County. Mr. Lancaster explained that this quarterly report
is to highlight the financial condition and fiscal integrity of county
government. Mr. Lancaster stated that there are no issues to report this
quarter and all areas are in compliance except the annual audit which is
scheduled to begin in February, 2011.

9. COUNTY MANAGER
WORKSESSION:
Mr. Lancaster detailed his attendance at a Northern Colorado Leadership Group
meeting attended by the Chambers of Commerce for the City of Fort Collins, City
of Loveland, and City of Greeley. The main topic of discussion at this meeting
included regional collaboration. The Board requested that Mr. Lancaster
re-address their desire to begin a regional summit to discuss local issues such
as consistency in land use regulation, economic development, and possibly
uranium mining.

Mr. Lancaster briefly discussed his
attendance at the Northern Colorado Economic Development Corporation (NCEDC)
annual retreat. Discussion ensued regarding regional economic development,
business retention and expansion, and the financial status of the NCEDC.

Mr. Lancaster also asked that the Board
review the letter of support addressed to the Colorado Association of
Manufacturing Technology regarding the Aerospace Clean Energy Manufacturing and
Innovation Center proposal. Discussion ensued regarding the compatibility of
the HP/Agilent Loveland campus, as well as property tax payment or exemption
options should the site be chosen for the project. Chair Donnelly confirmed
the Board’s support and agreed to sign the letter.

10. COMMISSIONER ACTIVITY
REPORTS:
The Board detailed their attendance at events during the past week. At this
time, Commissioner Gaiter requested that Mr. Lancaster discuss possible changes
to the County’s website to include more information regarding property taxes
and services funded by tax dollars.

11. LEGAL MATTERS:

INTER-JURISDICTIONAL ROADS:
Ms. Haag, Mr.
Ressue, Ms. Wilkinson, Mr. McDaniel, and Mr. Peterson presented an outline of
the ongoing project involving the City of Loveland, the Namaqua Hills
subdivision, and access to and from the site via 22nd Street,
Cascade Avenue, Morning Drive, and a trail proposed during development.
Discussion ensued regarding the effect these changes would have on the traffic
flow, emergency access, safety, and maintenance costs.

Ms. Haag advised the Board that the best
method to resolve the issues would be to pursue a conditional covenant that
would address the protection of the roads, residents, and the trailhead if
approved. The Board requested that staff draft a letter of response to be
addressed to the Loveland City Council stating their concerns and proposed
resolution.

ANHEUSER-BUSCH TAX APPEAL:
Mr. Ressue
provided an update to the Board regarding the status of the ongoing
Anheuser-Busch tax appeal. Discussion ensued regarding the appraisal that has
not been submitted by Anheuser-Busch, the value determined by the Assessor’s
Office, the independent appraisal requested by the Board, the potential
interest being incurred, and the process at the State Board of Appeals. Mr.
Ressue explained that the dollar amount originally discussed could change
drastically pending the results of the appraisal to be provided by
Anheuser-Busch and that as soon as there is concrete information, he will
return to the Board with an update.

Ms. Haag requested that the Board go
into Executive Session at this time for the purpose of receiving legal advice on
pending litigation regarding the Larimer County vs. Deyen, Zoning Violation.

M O T I O N

Commissioner Gaiter moved that the Board
of County Commissioners go into Executive Session for conferences with an
attorney for the purpose of receiving legal advice on specific legal questions,
as outlined in 24-6-402(4)(b) C.R.S.

Chair
Donnelly opened the hearing with the Pledge of Allegiance and asked for public
comment on the County Budget, and Land Use Code. No members of the audience
addressed the Board at this time.

Chair
Donnelly explained that the following items are on the consent agenda and would
not be discussed unless requested by the Board, staff, or members of the
audience:

1. ESTES
VALLEY DEVELOPMENT CODE AMENDMENTS – OUTDOR DISPLAY OF MERCHANDISE:
The proposed
amendments to the Estes Valley Development Code are in follow-up to the sign
code recently adopted by the Town of Estes Park, and would:

Signs
in the Town of Estes Park.
All signs in the Town of Estes Park
shall comply with the Estes Park Sign Code, set forth in Chapter 17.66 of
the Town of Estes Park Municipal Code, as amended from time to time.

Signs
in Larimer County.
All signs in unincorporated Larimer
County shall comply with the Larimer County Sign Code, set forth in §8.7 10 of
the Larimer County Land Use Code, as amended from time to time.

§
5.3.D TEMPORARY USES ALLOWED

1. Temporary
Seasonal and Holiday Sales.

Holiday
or seasonal sales activities, such as sales of Christmas trees or farm
produce, shall be permitted temporary uses in the following zoning
districts:

CO
Outlying Commercial Zoning District.

I-1
Restricted Industrial Zoning District.

The
term of the temporary use permit shall not exceed sixty (60) days.

Permitted
sales activities may occur within required zone district setbacks,
provided that the following conditions are satisfied:

No
activity or display shall encroach into a required setback by more than
fifty percent (50%) of the required setback;

No
activity or display shall be located within twenty-five (25) feet of an
abutting residential lot; and

No
activity, display or related equipment shall be located within a required
intersection or driveway sight triangle.

d
. The
sales and storage area including shall be limited to a ten percent (10%) of the
gross area of the lot.

d.
e
. Temporary
seasonal and holiday sales shall not include retail sales of bulk household
goods, such as furniture, carpets, art work/paintings or similar items, and
shall not include retail sales of prepared or processed food products.

2. GLEN
HAVEN LOT 1 AND 4, BLOCK 7, AMENDED PLAT AND EASEMENT VACATION, FILE #10-S3014:
This request
is to amend the plat of the Glen Haven Subdivision, Lots 1 & 4, Block 7, to
correct boundary lines and an historic error in the legal description of the
properties and also to vacate a 20’ easement between the properties listed for
“joint driveway purposes.”

There
has not been any objections to this proposal voiced by the surrounding
neighbors. Additionally, the following Larimer County agencies have
stated that they have no objections to this proposal:

·
Addressing
Section

·
Department
of Health and Environment

Comments
received from the Land Surveyor of the Larimer County Engineering Department
identify required corrections to the plat.

The
proposed amendment to the Glen Haven Subdivision, to correct boundary lines and
a historic error in the legal description of the properties, and vacate a 20
foot easement for “joint driveway purposes,” will not adversely affect any
neighboring properties or any County agency. The amended plat will not result
in any additional lots. Staff finds that the request meets the requirements of
the Larimer County Land Use Code.

The
Development Services Team recommends approval of the Amended Plat of Lots 1 and
4, Block 7, Glen Haven Subdivision and 20 foot Joint Driveway Access Vacation,
File# 10-S3014, subject to the following conditions and authorization for the
chair to sign the plat when the conditions are met and the plat is presented
for signature:

1.
The Final Plat
shall be recorded by July 18, 2011, or this approval shall be null and void.

2.
Prior to the
recordation of the Final Plat the applicant shall make the technical
corrections requested by the Land Surveyor of the Larimer County Engineering
Department.

3. PINEWOOD
SPRINGS 5TH FILING, LOT 104 AMENDED PLAT AND RAINS BOUNDARY LINE
ADJUSTMENT, FILE #10-S3011:
This is a request to amend the plat of Pinewood
Springs, Lot 104, and the adjacent metes and bounds property, the Raines
property, to combine the properties and eliminate the encroachment of a house
on the line between the two properties. The request includes vacation of a 5
foot utility easement on the western lot line.

There
has not been any objections to this proposal voiced by the surrounding
neighbors. Additionally, the following Larimer County agencies have
stated that they have no objections to this proposal:

Engineering
Department Development Review Team

Addressing
Section

Department
of Health and Environment

Comments
received from the Land Surveyor of the Larimer County Engineering Department
identify required corrections to the plat.

Comments
received from the Development Review Team of Larimer County Engineering
Department indicate that the access for Lot 104 crosses Lot 106, Pinewood
Springs. The applicant should consider adding an easement on the plat for the
properties sharing the access.

Comments
received from the Assessor’s office indicate that an incorrect legal reference
is noted on the plat. The reference should be amended prior to recordation.

The
project submittal indicates that an easement is to be vacated; however, no
easement is shown on the plat. The revised plat should include the easement to
be vacated.

The
proposed amendment to the Pinewood Springs Subdivision, 5th Filing
to combine the property with the adjacent metes and bounds property, the Rains
property to eliminate the encroachment of a house on the line between the two
properties and vacate a 5 foot utility easement on the west boundary of the
property, will not adversely affect any neighboring properties or any County
agency. The amended plat will not result in any additional lots. Staff
finds that the request meets the requirements of the Larimer County Land Use
Code.

The
Development Services Team recommends approval of the amended plat of Lot 104,
Pinewood Springs 5th Filing, the Rains Boundary Line Adjustment,
and 5 foot Utility Easement Vacation, File# 10-S3011, subject to the following
conditions and authorization for the chair to sign the plat when the conditions
are met and the plat is presented for signature:

1.
The Final Plat
shall be recorded by July 18, 2011, or this approval shall be null and void.

2.
Prior to the
recordation of the Final Plat the applicant shall make the technical
corrections requested by the Land Surveyor of the Larimer County Engineering
Department, the Planning Department, and the Assessor’s Office.

4. LARIMER
COUNTY LAND USE CODE AMENDMENTS, FILE #10-CA0133:
Proposed
housekeeping Land Use Code amendments were presented to the Planning Commission
on December 15, 2010, where there was no public comment or discussion.

Staff
recommends the proposed amendments outlined as follows:

1.Section 0.1
Definitions:

Community
hall. A
facility used for recreational, social and cultural activities., open
to the public or a designated part of the public and usually owned and operated
by a public or nonprofit group or agency. (Note: when we changed the
use description for community hall we did not change the definition. This
change will make the them consistent.)

Dwelling.
A building
or portion thereof used for residential occupancy, including cabin,
single-family, duplex and multiple-family dwellings. It does not include
hotels, motels, boarding/rooming houses, resort cabins, lodges, guest houses or
manufactured homes that comply with the "National Manufactured Standards
of 1974," 42 U.S.C. 5401 et seq., as amended. A dwelling may be
leased or rented for any time period. A dwelling may be leased or
rented for any time period provided that the use of the property as a rental
unit does not convert the property to a use contemplated by tourist or
accommodation zoning, i.e. as a resort cabin, providing single night transient
rentals. (Note: delete redundant sentence)

Restaurant-sit
down. A
facility where food and/or beverages are prepared and served to patrons for
consumption primarily within the principal building.

Restaurant-take
out. A
facility where food and/or beverages are sold in a form ready for consumption
primarily off the premises.
(Note: we now
just have one definition for a restaurant.)

Jail/
Prison/ detention
center. A
facility for the processing and confinement of people held in lawful
custody. (Note: we are changing this to be consistent with the recently
updated use description.)

2.
Section 4.3.10.B.3.a:

Home
Occupation(Note: the chart is not properly formatted Replace
the existing chart with the following. No language has been changed.)

Maximum
area of screened outdoor storage

Minimum
setback from all property lines

200
square feet

50
feet

201
– 400 square feet

100
feet

401
– 800 square feet

200
feet

3.
Section 5.7.3.D:

5.7.3.
- Review
criteria.

D.The
resultant lots will meet the requirements of subsection 8.14.21.I.

4.
Section 8.2.11.A.6 and 10:

8.2.11.A.

6. A maintenance
program that includes weed control; litter and debris removal; erosion control;
watering, repair of water-control structures; maintenance of vegetation and
wildlife habitat; and cleaning of culverts. The maintenance program must be
included in the use plan for residual land and/or common area described in
section 8.108.14.6;

10. A
three-year, post-construction monitoring program. The monitoring program must
be included in the use plan for residual land and/or common area described in
section 8.10108.14.6;

5.
Section 8.14.1.M.2. – Development Design for Land Division
:

2. The County Commissioners
find that road connectivity to adjacent parcels is not needed or practical and
have granted an appeal to Section 8.14.21.R (connectivity).

The
Planning and Commission and staff find no issues with the proposed amendments
and recommend that the Board approve the changes as outlined above.

M
O T I O N

Commissioner
Johnson moved that the Board of County Commissioners approve the consent agenda
as outlined above.